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Sex case hinged on phony lab report
Mercury News ^ | 12/16/2007 | Leslie Griffy

Posted on 12/18/2007 9:37:29 AM PST by Khankrumthebulgar

S.J. OFFICER'S RUSE BECAME EVIDENCE By Leslie Griffy Mercury News Article Launched: 12/16/2007 01:37:24 AM PST There was one major problem with the Santa Clara County crime lab report that implicated a San Jose man of sexual assault: It wasn't true. The document was a fake, created by a San Jose police detective. The crime lab analyst who purportedly prepared the document doesn't exist. The number used to identify it was false. Even so, detective Matthew Christian testified as though the phony report were authentic. The case unraveled when the defense attorney sought the résumé of the lab analyst, only to learn there was no such person. Christian then remembered that he had concocted the report in an attempt to trick the defendant, Michael Kerkeles, 54, into admitting that he had forced a developmentally disabled neighbor into sexual acts. It was an acceptable tactic. But Christian said that by the time he was called to testify, more than a year later, he had forgotten the ruse.

(Excerpt) Read more at mercurynews.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: badcopnodonut; donttasemebro
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To: krb
But Christian said that by the time he was called to testify, more than a year later, he had forgotten the ruse.

He even forgot he was the one who came up with the name of the fake lab technician.

Well if he isn't jailed for lying he'll be fired for doing it badly.

21 posted on 12/18/2007 9:56:59 AM PST by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: Khankrumthebulgar

> “It was an acceptable tactic.”

The whole problem started right here. It was NOT an acceptable tactic to begin with.


22 posted on 12/18/2007 9:57:06 AM PST by jim_trent
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To: rellimpank

I think krb’s in the clear here.


23 posted on 12/18/2007 9:58:46 AM PST by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: Khankrumthebulgar

But Christian said that by the time he was called to testify, more than a year later, he had forgotten the ruse.
********************
DOH!


24 posted on 12/18/2007 9:59:19 AM PST by Southerngl
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To: <1/1,000,000th%
It sure does not sound right to me. Hopefully you will never have to deal with such a trickster. Unbelievable, just falsify records and send an innocent person to jail and you support it?
25 posted on 12/18/2007 10:01:34 AM PST by SF Republican
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To: Khankrumthebulgar

“It was an acceptable tactic”

Lying by cops is now acceptable?


26 posted on 12/18/2007 10:01:35 AM PST by edcoil (Reality doesn't say much - doesn't need too)
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To: rellimpank
-—would either of you be “laughing out loud” or think it was “right” if you were the victim?

The victim will probably not get justice because the court will throw out the confession based on the phony form.

The fact that everyone knows she was raped by this guy is irrelevant to the court because there isn't admissible evidence to convince a jury.

The criminal is free to rape someone else. No I would not want to be a victim in our system of justice.

27 posted on 12/18/2007 10:02:50 AM PST by <1/1,000,000th%
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To: GovernmentIsTheProblem

This isn’t a dirty cop.

This is how police work has been getting done since the ‘50’s when the Warren Court decided criminals should get special rights.

The cop put a fake document in front of the suspect because he might confess and provide details about the rape that only the rapist would know. Then that could be used in court because the criminal assumes he’s already caught.

If the suspect is innocent, he knows the document is fake and he can’t provide details only the rapist would know.


28 posted on 12/18/2007 10:07:02 AM PST by <1/1,000,000th%
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To: <1/1,000,000th%

“Confession”? RTFA.


29 posted on 12/18/2007 10:07:19 AM PST by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: elkfersupper

Not until you commit a crime.

My dad doesn’t like cops either.


30 posted on 12/18/2007 10:07:47 AM PST by <1/1,000,000th%
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To: krb

I wonder how many other concocted pieces of evidence are out there. If he forgot it must be fairly routine.

The real shame is this will call into question every case this cop ever worked. How many guilty people will now appeal their conviction because of these lies?


31 posted on 12/18/2007 10:07:52 AM PST by driftdiver
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To: <1/1,000,000th%

“The fact that everyone knows she was raped by this guy “

Was everyone there?


32 posted on 12/18/2007 10:08:50 AM PST by UCANSEE2 (Just saying what 'they' won't.)
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To: Khankrumthebulgar

It’s crap like this that made me rethink the death penalty.

Here’s an idea for a new law. Anyone caught falsifying evidence in a case gets the sentence that would have been handed down in that case.


33 posted on 12/18/2007 10:09:15 AM PST by VirginiaConstitutionalist (Illegals contribute more taxes than welfare recipients. Maybe we're deporting the wrong people.)
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To: Southerngl

So apparently not only can they make up anything they want and present it for evidence, but based on their “belief” the judge can leave this on the books. spew!!! disgusting!!!


34 posted on 12/18/2007 10:10:46 AM PST by DeLaine (Santa...I can explain!)
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To: <1/1,000,000th%

Except he was so hell-bent on sending an innocent man to prison he submitted it as evidence.

Not only was it an assault on the “suspect,” it robs the victim of justice and poisons all law enforcement our judicial system.

That officer should spend the rest of his life in prison. In general population.


35 posted on 12/18/2007 10:11:32 AM PST by VirginiaConstitutionalist (Illegals contribute more taxes than welfare recipients. Maybe we're deporting the wrong people.)
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To: krb

Bravo Sierra!


36 posted on 12/18/2007 10:11:54 AM PST by magslinger (cranky right-winger)
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To: Khankrumthebulgar
The police will learn their lesson from this case. When creating false lab reports always use the names of real lab technicians, preferable ones who know how to "play ball" with the cops if the report is ever questioned.

The cops are looking to get convictions. If they convict the right person, will that's nice too.

37 posted on 12/18/2007 10:11:59 AM PST by KarlInOhio (Government is the hired help - not the boss. When politicians forget that they must be fired.)
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To: Khankrumthebulgar
Photo Sharing and Video Hosting at Photobucket

Fake but Accurate!

38 posted on 12/18/2007 10:12:00 AM PST by rfp1234 (Mundus vult decipi: the world wants to be deceived. ---James Branch Cabell)
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To: <1/1,000,000th%
The criminal is free to rape someone else.

Except he didn't do it. If anything is letting rapists run free, it's letting them off the hook by convicting other people.

But I guess "facts" are secondary to people who get a stiffy at the thought of police power.

39 posted on 12/18/2007 10:13:42 AM PST by VirginiaConstitutionalist (Illegals contribute more taxes than welfare recipients. Maybe we're deporting the wrong people.)
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To: jiggyboy; All
--I think you have well described why I am not "laughing out loud" nor would I want to be the a target of the "forgetful" cop.

--at least it wasn't one of those "wrong address" SWAT team situations where somebody got killed---

40 posted on 12/18/2007 10:13:59 AM PST by rellimpank (--don't believe anything the MSM tells you about firearms or explosives--NRA Benefactor)
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